FISHERS, Ind. — The American Civil Liberties Union has filed a lawsuit and is demanding a jury trial after a Delaware County man said a Fishers police officer searched his car without his consent.
The incident happened in August. David Stautihar was on his way from his home in Muncie to the Indiana State Fair with his 3-year-old daughter and a friend in the car. The lawsuit claims Fishers police officer Joey Hancock pulled Stautihar over for a traffic violation on Interstate 69 in Fishers, then searched his vehicle despite Stautihar objecting to the search. Ultimately, Stautihar left the stop without receiving a citation or a warning.
The ACLU argues there was no reasonable suspicion or probable cause for either the traffic stop or the search. The lawsuit claims Hancock and another officer, in a separate police car, closely followed Stautihar on I-69 before pulling him over. When Hancock pulled Stautihar over, he asked if there were any weapons in the car. Stautihar had a legal gun in the glove compartment and allowed Hancock to remove it.
Hancock then asked if there was anything else in the vehicle and asked to search it. Stautihar said there was nothing else and did not grant Hancock permission to search the vehicle, according to the suit. Stautihar and his friend gave their driver's licenses to Hancock, who returned to his police car. When he again approached Stautihar's car, he said Stautihar had to get out of the car, so he could give him a verbal warning about the traffic violation.
Stautihar complied, and his friend also got out of the car. Officers patted both of them down, and Hancock again asked to search the vehicle. When Stautihar didn't consent, Hancock said he smelled a marijuana odor coming from inside the vehicle. The officer then searched the vehicle, including under the hood, passenger compartment and the trunk.
The suit claims Hancock did not find any evidence of criminal activity, and officers said Stautihar and his friend were free to go. The complaint says Hancock never gave Stautihar a citation or warning for any traffic infraction.
Stautihar is a military veteran who has been diagnosed with PTSD, according to the ACLU. The suit claims he suffered emotional damage due to the incident with Hancock because it exacerbated his PTSD. The complaint also says he was worried for his daughter's well-being, who was in a car seat in the back of the car throughout the entire situation.
Stautihar's lawyers are seeking a jury trial based on the violation of Stautihar's Fourth Amend rights. They are also seeking damages and plaintiff costs and attorneys' fees.
Fishers Police Chief Ed Gebhart said the department had not yet received a copy of the complaint and Hancock continues to serve in his normal capacity.
"Our department has had a long history of serving our community with the highest level of standards and conduct," Gebhart said. "We will review this incident with the highest level of service and transparency"
